Acquisition of ownership of real property by contract in Serbian law: Departing from the titulus-modus system?
This paper examines the systems of contractual acquisition of ownership of real property in various civil law jurisdictions. It then presents Serbian legislative solutions in that respect, commonly denoted as titulus-modus system. It particularly emphasizes recent departures from the traditional sys...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2015-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2015/0003-25651503112Z.pdf |
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| _version_ | 1850223605760131072 |
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| author | Živković Miloš |
| author_facet | Živković Miloš |
| author_sort | Živković Miloš |
| collection | DOAJ |
| description | This paper examines the systems of contractual acquisition of ownership of real property in various civil law jurisdictions. It then presents Serbian legislative solutions in that respect, commonly denoted as titulus-modus system. It particularly emphasizes recent departures from the traditional system in respect of acquisition of ownership of real property in the current practice of Serbian courts and in recent legislation. These developments seem to indicate a certain shift towards a system of conveyance effect of the contract itself, resembling in some aspects the French law. This development is subjected to critical analysis, the conclusion of which is that there needs to be a consistent application of a chosen system, once it is chosen. Finally, the author proposes a solution that would achieve such goal and increase the level of legal certainty. |
| format | Article |
| id | doaj-art-494d92f22a7d49b2bf29c70f94df8189 |
| institution | OA Journals |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2015-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-494d92f22a7d49b2bf29c70f94df81892025-08-20T02:05:52ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932015-01-0163311212610.5937/AnaliPFB1503112Z0003-25651503112ZAcquisition of ownership of real property by contract in Serbian law: Departing from the titulus-modus system?Živković Miloš0University of Belgrade, Faculty of Law, Belgrade, SerbiaThis paper examines the systems of contractual acquisition of ownership of real property in various civil law jurisdictions. It then presents Serbian legislative solutions in that respect, commonly denoted as titulus-modus system. It particularly emphasizes recent departures from the traditional system in respect of acquisition of ownership of real property in the current practice of Serbian courts and in recent legislation. These developments seem to indicate a certain shift towards a system of conveyance effect of the contract itself, resembling in some aspects the French law. This development is subjected to critical analysis, the conclusion of which is that there needs to be a consistent application of a chosen system, once it is chosen. Finally, the author proposes a solution that would achieve such goal and increase the level of legal certainty.http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2015/0003-25651503112Z.pdfAcquisition of Real PropertyIustus titulusModus acquirendi |
| spellingShingle | Živković Miloš Acquisition of ownership of real property by contract in Serbian law: Departing from the titulus-modus system? Anali Pravnog Fakulteta u Beogradu Acquisition of Real Property Iustus titulus Modus acquirendi |
| title | Acquisition of ownership of real property by contract in Serbian law: Departing from the titulus-modus system? |
| title_full | Acquisition of ownership of real property by contract in Serbian law: Departing from the titulus-modus system? |
| title_fullStr | Acquisition of ownership of real property by contract in Serbian law: Departing from the titulus-modus system? |
| title_full_unstemmed | Acquisition of ownership of real property by contract in Serbian law: Departing from the titulus-modus system? |
| title_short | Acquisition of ownership of real property by contract in Serbian law: Departing from the titulus-modus system? |
| title_sort | acquisition of ownership of real property by contract in serbian law departing from the titulus modus system |
| topic | Acquisition of Real Property Iustus titulus Modus acquirendi |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2015/0003-25651503112Z.pdf |
| work_keys_str_mv | AT zivkovicmilos acquisitionofownershipofrealpropertybycontractinserbianlawdepartingfromthetitulusmodussystem |